1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 1, 2003, the Plaintiff sold an apartment 101 Dong 704 (hereinafter “instant apartment”) in Sungnam-si, Sungnam-si under the name of the wife C (hereinafter “D”) and paid the down payment of KRW 24,016,00 on July 11, 2003.

B. The plaintiff was sold in lots for the purpose of resale of the apartment of this case with a premium, but did not resell the apartment of this case.

The first through fourth intermediate payments of the apartment of this case were appropriated for bank loans, and on December 10, 2004, the Plaintiff paid KRW 36,024,000 for the fifth intermediate payments. The D representative director promised to return the down payment and the fifth intermediate payments paid by the Plaintiff to the Plaintiff when the Plaintiff was paid the price by selling the apartment of this case to other buyers.

C. The above E apartment was unsold in lots even after the completion of February 25, 2006, and on October 19, 2006, the Korea Urban Development Corporation (hereinafter “Korea Urban Development Corporation”) acquired the above apartment sales business on October 19, 2006, and the Defendant was in charge of the sales business in Korea Urban Development.

G decided to purchase the apartment of this case on October 23, 2006, and paid 24,016,000 won as down payment to the employee in charge of D receipt, and D remitted 12,07,950 won among them to C’s account.

G deposited KRW 181,056,324 in the D account on December 29, 2006, paid KRW 36,024,000 to D employees on January 2, 2007, and completed the registration of ownership transfer on the instant apartment on January 9, 2007.

[Ground of recognition] Facts without dispute, Gap 1, five to 10 evidence, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. As the Defendant, who was in charge of the sale in Korea’s urban development, did not deposit KRW 36,024,00 received from G on January 2, 2007 with D’s account and used it individually, the Defendant is obligated to pay the said money to the Plaintiff in compensation for damages.

B. According to the reasoning of evidence No. 11, the above KRW 36,024,00 paid by G is under the name of D.